TRANSPORTATION AND INFRASTRUCTURE SERVICES (2021)
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TRANSPORTATION AND INFRASTRUCTURE SERVICES (2021)
5.00 Transportation Principles transportation projects. It is important that
state and local government officials have the
The United States’ transportation systems are ability to use federal transportation funding
essential to the economic growth, vitality and as they properly determine.
resilience of our nation’s cities and towns and
the country as a whole. These systems can C. Modal Equity
preserve and strengthen local and regional NLC supports investment in the nation’s
economies, stimulate economic growth, and infrastructure and encourages the federal
strengthen our competitive position in world government to enact policies and programs
trade. The safe and efficient movement of that would expand public and private
people and goods must be the prime objective investment in all areas of infrastructure.
of transportation policy at all levels of Federal policy should treat all transportation
government, and federal, state, and local modes with equity and should urge federal,
governments should be guided by the state, and local officials to work together on
following principles in the development and the safe, efficient, and environmentally
implementation of transportation policies and friendly designs for solving transportation
programs. problems. Public subsidies for particular
modes of transportation, if used, must be
A. Local Control explicit in the outcomes required and must
Fundamental responsibility for overall support and enhance the efficient operation
transportation decision-making is a shared of our market-based economic system. Rural
federal, state, and local responsibility but and urban transportation needs should be
emphasis should be at the local level. NLC addressed equitably.
supports the ability of states and
municipalities to set their own priorities in D. Intermodalism/Multimodalism
transportation investment, and to have a NLC recognizes the need for regional and
greater voice in influencing transportation federal strategies to create a robust and
plans that satisfy local needs and objectives. multimodal national transportation system. It
is essential that the nation’s transportation
Where there are overriding national or system be seamless and mode neutral.
statewide transportation concerns, federal Federal policy should encourage closing the
and state governments have a legitimate role gap of independent modal elements of the
in planning and decision-making, but local transportation system, with the goal of
governments should never be excluded from ensuring that efficient connections between
those processes. Congress should strengthen modes are available for the movement of
provisions for local decision-making as a people and goods.
central component of any federal
transportation program, and any funds NLC supports federal priority funding for
intended for local use must not be diverted to improving the efficiency of the connecting
state governments. modes of intermodal/ multimodal facilities.
B. Flexibility
NLC supports local flexibility to build,
operate and maintain local and regional
2021 Transportation and Infrastructure Services
189E. Integrated Management and 5.01 Transportation Policies
Operations
Federal policy must encourage integrated A. Transportation Planning
management and operation of all 1. Metropolitan Planning Organizations
transportation systems at regional and local The federal government must continue to
levels, maximizing the use of information require that Metropolitan Planning
technology for management of traffic and Organizations (MPOs) be responsible for a
transit, monitoring structural integrity, and continuing, comprehensive, and coordinated
enforcement for public safety. transportation planning process that develops
multimodal transportation programs in
F. Advanced Transportation cooperation with state transportation
Technologies departments, public transportation agencies,
City leaders welcome advanced technologies and local implementing agencies. The MPOs
that can improve safety, reduce congestion, endorsement of these plans and programs
and decrease costs within the transportation must be a prerequisite for approval of
networks. It should be a federal policy to federally assisted transportation projects in
accelerate the testing, deployment, and urbanized areas. The federal government
integration of advanced transportation should continue to provide adequate financial
technologies, such as automated, connected, assistance to MPOs for planning efforts.
electric and shared vehicles, that have the
capability to increase mobility options and The federal government should allow the
accessibility, while simultaneously ensuring MPOs and/or the local government to plan
safety and reducing emissions, collisions, and projects that use alternate design standards
congestion. This should be done in close while meeting environmental objectives
consultation with cities and include a robust when the use of rigid federal design standards
public engagement process and appropriate is inconsistent with local needs.
regulations that ensure the unique needs of
each municipality are accounted for. Federal regulations should continue to
Adoption of new technologies should also be require that the elected officials of general
linked to solutions to address persistent purpose local governments be adequately
challenges including funding, data for represented on the MPOs and that such
research and integrated transportation officials participate in the designation and re-
planning. designation of the planning organization and
its membership.
G. Disadvantaged Business Enterprise
(DBE) Requirements MPOs representing metropolitan areas with
The federal government should seek greater populations of more than 50,000 must be the
economic opportunity for disadvantaged direct recipients of federal transportation
businesses in federal procurement and funding for all transportation planning and
financial assistance programs. DBE goals program efforts in those areas. Small cities
should be high enough to be effective, and with populations less than 50,000 should
enforcement should be reasonably consistent. have the option to receive federal
Furthermore, a flexible, efficient waiver transportation funding directly or retain the
procedure should be instituted to take into current practice of state sub-allocation.
account the percentages of DBEs in an area
and the availability of DBEs.
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190The federal government shall require states to The project delivery process must:
work cooperatively with MPOs to develop • Mandate concurrent reviews among all
joint forecasts of anticipated federal federal and state agencies involved in the
transportation funding to create more environmental review of all federally
accountability in federal highway projects. funded transportation projects;
• Standardize environmental policy and
2. Rural Consultation the review/approval process within U.S.
The federal government must require states Department of Transportation modes;
to implement a process for consulting with • Develop clearly defined procedures for
local jurisdictions in rural, non-MPO areas, resolving disputes among those agencies;
regarding transportation project planning and • Require all agencies to determine
decision making. appropriate time frames to complete their
reviews;
3. Project Identification • Eliminate duplicative environmental
States should be prohibited from review by crediting equal or more
implementing projects unless they are first stringent state environmental review
included in the transportation improvement actions during the federal environmental
plans, except for Management and review process;
Operations (M/O) projects. • Continue to allow federal transportation
dollars to be used by local and state
NLC urges the federal government to require government to provide the resources
states to consult with affected local necessary to meet the time limits
communities on transportation projects established for the federal environmental
regarding the inclusion of environmental process; and
retrofits, such as storm water runoff and noise
• Include locally elected officials in any
abatement, as part of projects that are exempt
pilot program created to examine
from federal environmental requirements,
environmental streamlining efforts.
including categorical exclusions.
5. Municipal Impact Analysis
4. Project Delivery
The social, environmental, economic, and
The federal government must streamline the
energy impacts of proposed federal
federal transportation project delivery
transportation legislation and regulations
process to facilitate construction of federally
should be identified by the MPOs or local
funded projects and reduce project delays.
jurisdictional body prior to implementation,
Delays in the implementation of federally
and steps should be taken to mitigate any
funded transportation projects must be
adverse impacts. Existing and proposed
eliminated in order to increase local control
federal transportation programs and
and make more effective use of limited
regulations must be carefully designed to
financial resources. The federal government
ensure that actions taken support municipal
should require states to implement
elected officials and their constituents’
transportation projects identified on the local
efforts to improve the social, economic, and
level and of local importance with the same
environmental sustainability of their
timeliness and priority as other regional
communities and flexibility in the use of
transportation projects.
federal dollars to achieve local goals.
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1916. Research and Development movement, and congestion relief
The federal government should continue to improvements, leveraged private capital, and
research, develop, and conduct local pilot and the promotion of innovative technologies.
demonstration projects of new technologies
through federally financed programs, and While TIFIA has provided flexible funding
include local governments as key partners at for major transportation projects and helped
the request of local officials. local governments leverage private and other
non-federal investments, limited budget
B. Transportation Finance and authority and delays in the approval process
Administration can result in cost increases. NLC supports an
1. The Federal Role increase in the available funding for the
The current federal surface transportation TIFIA program and greater flexibility for
programs are not meeting the financial needs U.S. Department of Transportation in
of the transportation system. NLC supports approving projects that can take advantage of
broadening the definition of innovative favorable financing.
financing techniques beyond debt financing
to include: c. Revenue Generation
The federal government should encourage a
a. Innovative Management of Funds new generation of creative and innovative
NLC encourages the federal government to revenue generation options at the state and
permit municipalities to use innovative local levels such as public-private
financial management techniques such as partnerships to help finance critical
advanced construction financing, toll credits transportation infrastructure needs. (See also
and flexible federal – local match options FAIR Section 1.02C.5, Increasing the Supply
with federal transportation funds to maximize of Municipal Capital.)
limited public funds and leverage private
capital. Innovative management must follow d. Debt Financing
generally applicable accounting principles. Debt financing for highway and transit
projects is an important financial tool if
b. Credit Assistance exercised prudently. Low cost loans from the
Credit assistance, tax incentives and other federal government can be extremely useful
transportation finance tools have been in getting highway projects moving and
effective tools in expanding the available resolving significant transportation funding
revenue for transportation investments. NLC issues. Where federal funds are involved,
supports federal direct (low interest) loans, NLC recommends ensuring sufficient
loan guarantees and credit line assistance protections to balance immediate
with favorable terms through programs like transportation needs against the financial
Infrastructure Banks and the Transportation burden on future generations. Such
Infrastructure Finance and Innovation Act protections include, but are not limited to,
(TIFIA). NLC supports the application of debt ceiling caps and required public
objective approval criteria for credit referenda.
assistance. Approval factors should include,
but not be limited to, threshold cost e. Federal Aid Turnback
requirements, consistency with long-range NLC Strongly opposes proposals to
regional and state transportation plans, dismantle federal transportation finance by
generation of economic benefits, goods
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192turning back all or a portion of the federal aid transportation revenue system must
to the states. provide for a seamless, gradual transition
to ensure stable revenue collections, tax
2. Surface Transportation Revenue Sources fairness, administrative ease, and policy
a. Guiding Principles stability.
NLC endorses the preservation of federal fuel
taxes to fund the Highway Trust Fund (HTF), v. Revenue Generation: Any new
which funds national surface transportation transportation revenue system must be
needs. All federal fuel taxes need to be able to generate more revenue than
increased in steps to reflect inflation since the collected currently, and it must maintain
last increase and then indexed for inflation in the precedent under the current system’s
future years. In addition, the decrease in HTF design that protects against cheating to
revenue collections indicate the need for avoid paying one’s fair share of fuel
alternative transportation funding system. taxes.
Vehicle miles traveled (VMT) and other
experimental ideas should be developed to vi. Reliability: Revenue streams must be
meet the nation’s long-term needs. These reliable and sufficient to meet the diverse
programs should have a mechanism that both and growing transportation infrastructure
reflects inflation and vehicle gross weight, needs of the nation.
and emissions.
vii. Technology Improvements: The
The following principles should guide federal increasing shortfall of revenues from fuel
efforts to achieve this objective: taxes caused by the reduction in gasoline
usage from increasingly fuel-efficient
i. Fairness: Any new transportation vehicles and alternative fuel cars and
revenue system must ensure that no trucks (i.e., hybrid, all-electric,
single segment of the population bears an alternative fuel, and hydrogen-electric
inequitable financial burden. vehicles), and higher use of alternative
transportation systems that utilize no
ii. Privacy: The design of any new gasoline must be offset with alternative
transportation revenue and related tax revenue sources to fairly reflect their
collection system must integrate share of road usage. At the same time, the
reasonable privacy protections yet need for revenue stability should be
provide information related to miles balanced with the need for federal, state,
driven within travel jurisdictions. and local policies to encourage
reductions in vehicle emissions,
iii. Administrative Ease: The design of any particularly in urban areas.
new transportation revenue system
should improve administrative b. Fuel Taxes as HTF Revenue Source
effectiveness and efficiency. At Until a new, national transportation
minimum, there must be no financing system is in place; Congress
administrative deterioration from the must maintain a dedicated federal fuel tax
current system. on diesel, gasoline, and gasohol that
generates sufficient annual revenues
iv. Seamless Transition: The dedicated to the HTF for transportation
implementation of any new purposes only. These funds must not be
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193diverted for other purposed and need to c. Funding Public Transportation
be (a) increased to reflect loss of NLC supports an increase in funds
purchasing power and (b) indexed to designated for public transportation and
account for future inflation and the urges Congress and the federal government
federally mandated Corporate Average administration to both preserve current
Fuel Economy (CAFÉ) standards guaranteed funding mechanisms and to
increase the percentages allocated to the
• Congress should require heavier trucks to federal transit program.
increase their contribution to the HTF so
that they pay in proportion to the costs To provide a viable alternative to the
they impose on the highway system. The automobile, public transportation services
heavy-use truck fee should continue to be need to be of quality and frequency if they are
required until such time as the U.S. to attract a significant number of passengers.
Department of Transportation can This shift in passenger traffic can only be
recommend to Congress an alternative accomplished with an increased commitment
tax which is more equitable than the of public funds for essential equipment, staff,
heavy-use tax, easy to administer, and and maintenance.
will generate at least as much revenue as
the use tax. This could be in the form of NLC opposes state-by-state minimum
a VMT to reflect annual mileage traveled allocations for federal transit funding. NLC
and indexed to reflect gross vehicle opposes the imposition of “caps” on the
weight. This would operate as a national amount of federal transit funding a state may
program but would not exclude similar receive. Caps do not address differences in
state programs. Devices such as studded transit needs in the country and force a “one-
tires are permanent or seasonally size-fits-all” approach to federal spending on
permanent that increase wear and tear transit programs.
abnormally on highways should bear a
portion of highway maintenance expense A federal commitment should be made to
through the imposition of new funding and not by shifting funding from
mount/dismount or other installation fees existing transportation programs. States or
at the state level. localities that provide a greater financial
• Congress should allow the use of toll commitment shall receive higher priority for
financing on federally aided highway, federal funding for public transportation
tunnel, and bridge projects. systems.
• Congress should develop incentives for
local governments to increase their Maintenance and productivity indices should
contribution to the federal highway be incorporated into federal allocation
program, for instance, by allowing formulae and there should be incentives in
localities to increase the local matching the matching-ratio to encourage productivity
share of highway funds at their improvements and maintenance of existing
discretion. However, those increased transit facilities. However, productivity
contributions should not be considered a improvements alone will not mitigate the
substitute for the federal highway funds problems of rising transit costs and
to which a state or locality is entitled. inadequate transit revenues.
2021 Transportation and Infrastructure Services
194Federal policy should also continue to priorities. NLC believes that such earmarks
emphasize the proper management of are inefficient, and often reduce the funding
existing transit systems and the available to a state or locality for higher
implementation of low cost transit priority projects.
improvements.
C. Federal Responsibility for Planning
3. Transportation Tax Policy to Encourage and Funding Freight Mobility
Commute Alternatives The U.S. goods movement system needs
NLC supports changes to the tax code and greater federal leadership. Freight
federal tax incentives to encourage bottlenecks can be found all over the country,
vanpooling, ridesharing, transit usage, but the task of prioritization and fixing them
telecommuting, and other commute is often beyond the means of the states,
alternatives. Current law prohibits employers counties and cities in which projects are
from providing tax-free commuter benefits. located. A national freight strategy and
NLC seeks reinstatement of those tax-free dedicated, competitive and formula funding
benefits that were deleted by Congress as part is critical in order to maintain the efficiency
of the 1986 Tax Reform Act. NLC urges the of the transportation system and the U.S.
federal government to ensure that pretax economic competitiveness. NLC urges the
benefits offered for commute alternatives, federal government to adopt the following
including transit, are equal to or greater than specific measures:
those offered for parking.
1. National Freight Strategy:
NLC strongly urges the federal government The Secretary of Transportation should be
to promote transportation demand directed to develop a national freight strategy
management programs for both passenger that addresses multi-modal freight needs in
and freight movement and other commute the United States. In addition to covering
alternatives. NLC supports federal tax domestic freight, the strategy should address
incentives for small employers to coordinate the movement of U.S. imports and exports
and promote ridesharing programs, including through U.S. ports.
the use of new connected vehicle
technologies, and services that provide 2. Senior, Focused Freight Leadership:
flexibility. Cities should be encouraged to A multi-modal freight office led by an
coordinate with other transportation agencies official at least at the assistant secretary level
to spread the movement of highway should be established with the Office of the
passenger and freight traffic from peak to Secretary of Transportation. This official
non-peak times. would develop the national freight strategy
and associated policies, advocate for freight
4. Federal Aid Turnback across the modal administrations, and award
NLC strongly opposes proposals to dismantle funding for goods movement programs and
federal transportation finance by turning back projects.
all or a portion of the federal aid to the states.
3. Dedicated Freight Program and
5. Federal Earmarks Funding:
NLC is opposed to federal earmarks in the A dedicated, formula-based goods movement
congressional transportation funding process program with dedicated funding should be
that are inconsistent with regional and local created within the U.S. Department of
2021 Transportation and Infrastructure Services
195Transportation. Ports should be eligible to certain rail infrastructure investments that
seek funding from this program for freight generate public benefits.
projects both inside and outside their
terminals. 7. States’ Freight Planning:
Each state should be required to develop a
4. Projects of Regional/National freight plan and establish a freight advisory
Significance: committee that includes local representation
A discretionary, merit-based grant program and represents passenger rail interests serving
for projects of national significance should be cities along the routes.
established. Freight measures should be
heavily weighted among the criteria used to D. Air Quality
select projects for funding. Specific air quality policies are contained in
Section 2.03 of the EENR chapter.
5. Freight Eligibility for Existing
Programs: Transportation sources are significant
Eligibility requirements for existing surface contributors to the levels of pollutants, and as
transportation programs should be expanded congestion increases in cities and the nation,
to better address freight requirements. levels of these pollutants increase as well,
despite efforts to reduce emissions from
a. Congestion Mitigation and Air Quality mobile sources. Addressing transportation
(CMAQ): Although freight projects are issues is an effective way of reducing
currently eligible for CMAQ funding, they emissions in cities. Therefore, NLC urges the
are not major recipients of funds. CMAQ federal government to offer a funding
criteria should be refined to more program for non-attainment areas and those
appropriately recognize freight’s potential to cities struggling to maintain attainment to
contribute to air quality improvements. address emissions from mobile sources. The
b. Road-rail grade separations: The criteria U.S. Department of Transportation, and not
for funding grade separation projects should the states, should administer this program.
be expanded to acknowledge congestion
relief and freight benefits, as well as safety E. Congestion Mitigation
benefits. To maintain economic and environmental
c. TIFIA: The TIFIA program should be viability, congestion mitigation programs
clarified to include projects located within a must be available to all cities. A
port terminal that improve the intermodal comprehensive, federal funding program to
interchange, transfer, and surface access of address congestion would foster project
goods into and out of ports and that reduce innovation, enhance intermodal planning,
environmental impacts of freight movement. promote savings in infrastructure investment,
and increase the livability and economic
6. Tax Credit for Rail Infrastructure viability of communities across the country.
Investment: The federal government must develop a
To encourage the expansion of freight rail congestion mitigation program that provides
capacity, a tax credit should be created for direct funding to all cities to address
congestion problems in their communities.
Eligible projects could include intelligent
transportation systems, projects to increase
vehicle occupancy, demand management
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196strategies, traffic flow improvement projects, H. Racial Equity
congestion pricing, mode shift including America’s cities need transportation
transit and non-motorized modes, and infrastructure and services that support
innovative transportation technologies such opportunities for all. Federal policy must
as automated, connected, electric and shared support municipal efforts to provide essential
transportation that would address the transportation systems, with a focus on
efficiency of cities’ transportation networks. communities of color and other underserved,
disadvantaged populations.
F. Transportation of Hazardous
Materials NLC recognizes that federal policymakers
The condition of the nation’s roads and have too often accepted limited input from
railroad infrastructure impacts the frequency these communities, creating racial
and severity of accidents. Consequently, disparities, and gaps of economic opportunity
increased investment in this infrastructure and social mobility in vulnerable
will also help reduce the number and severity populations. NLC supports federal
of accidents involving hazardous materials transportation policies that:
by improving the safety of roads, bridges, and • Ensure opportunities for input in the
rail. Therefore, NLC continues to advocate transportation planning process from
for increased federal investment in this affected communities;
critical infrastructure. • Promote safety and address disparities in
traffic fatalities among people of color;
NLC supports existing federal performance • Provide resources to municipalities to be
standards to guide the selection of highway able to incorporate community impact
and rail routes along which hazardous assessments and health impact
materials can be shipped including shipments assessments into the transportation
made by or under the direction of the United planning process;
States Department of Energy or Defense. • Provide resources to municipalities to
strengthen minority business enterprise
States and localities must be allowed to adopt (MBE) and disadvantaged business
and enforce highway and rail route enterprise (DBE) programs;
requirements (including time-of-day • Restore communities destroyed, divided,
restrictions, escorting, and local bans) that or economically disadvantaged or
are consistent with the federal performance divided by past decisions regarding
standards. NLC supports federal exemptions placement of transportation
when a state or locality can demonstrate that infrastructure; and
it has unique local safety requirements. • Provide access to safe and affordable
multimodal transportation options with
G. Surface Transportation Security equity across all communities based on
NLC does not support diverting any portion need.
of the federal fuel tax to fund security
measures for surface transportation systems. Transportation system shall include affected
Securing these systems is a matter of national locally elected officials in the planning
security and must be funded as part of our process. NLC urges the federal government,
national defense. in cooperation with local governments and
transportation system operators, to assess the
vulnerabilities of the entire surface
2021 Transportation and Infrastructure Services
197transportation system. Federal agencies must to any non-transportation purposes, including
assist local governments by sharing reducing the federal deficit.
information, intelligence, technology, and
best practices, and by providing adequate NLC also supports adoptions of a VMT based
funding for vulnerability assessments. funding mechanism that increasingly
captures the use of highways and roads by
NLC urges all sectors of the transportation alternatively powered vehicles such as
industry, including public transportation hybrids and electric vehicles as well as the
systems, water transportation, public and value of the transportation product generated
private transit and rail companies, and by all vehicles as a function of gross vehicle
highway systems, to participate in weight.
cooperative vulnerability assessments,
emergency response plans, and drills. Federal Every state should also be guaranteed a
financial assistance must be made available minimum percentage of funds to cushion any
to implement these plans and assessments. negative annual shifts in a state’s historical
share of federal transportation funds. Any
NLC expects the federal government to: funds that may be distributed by the federal
• Provide technical assistance to local government to the states should be
governments to develop possible distributed in each state on an equitable basis.
countermeasures to deter, detect and
delay the consequences of terrorist threats B. Bridges
against vulnerable assets; NLC urges the federal government to
• Continue to research technologies to maintain the current Bridge Replacement and
detect chemical, biological, and nuclear Rehabilitation program with sufficient
contaminants in transit systems and funding to repair bridges that are structurally
provide technical and financial assistance or operationally deficient. Off-system
to local governments to implement these bridges should continue to be eligible for
technologies; federal bridge funds, and the discretionary
• Develop methods to harden assets bridge program should be preserved.
deemed most vulnerable;
• Provide current security guidelines for all NLC urges the use of information technology
transportation systems; and in monitoring the structural integrity of
• Encourage the use of information bridges.
technology in traffic management,
including the enforcement of traffic laws, NLC also strongly urges efforts at all levels
monitoring infrastructure integrity, and of government to review road and bridge
public safety. needs and work to provide adequate revenue
to ensure the safety of our transportation
infrastructure.
5.02 Streets and Highways
C. Highway Beautification
A. Highway Trust Fund Finance
NLC recommends that the responsibility for
To balance the effects of inflation on the
controlling outdoor advertising and
Highway Trust Fund by indexing the gas tax
junkyards should be returned to
to the consumer price index (CPI), NLC
municipalities and to states in areas outside
strongly opposes diverting any of these funds
municipalities. These governments should
2021 Transportation and Infrastructure Services
198have the authority to order the removal of deployment and an increase in federal
those signs and the relocation of those funding for these purposes. By applying ITS
junkyards that are incompatible with state technologies and services, we can improve
and local land use plans and zoning laws and the safety and efficiency of goods movement,
allow sign and junkyard owners to amortize and thus the competitiveness of America’s
their losses through advertising revenues. intermodal and international freight
transportation systems.
Federal controls over outdoor advertising
should be retained only on interstate The federal government should give funding
highways outside the jurisdictions of priority to ITS projects that improve traffic
municipalities and on federally aided primary flow on existing streets and highways as
highways selected as scenic highways by alternatives to major new construction,
states. especially in high-density areas. Priority
should also be given to street and highway
D. Transportation Alternatives Program improvements which benefit public transit,
NLC supports the Transportation such as preferential lanes for high occupancy
Alternatives set aside in the Surface vehicles, bus lanes, ramp metering,
Transportation Block Grant Program, which computerized traffic control, one-way streets,
serves as a dedicated source of federal reversible traffic lanes, traffic signal priority
funding for local transportation priorities for buses, and parking management
including bicycle and pedestrian trails and strategies.
facilities.
With the rapid advent of autonomous,
To foster fiscal certainty and security in the connected, electric and shared advanced
transportation planning process. NLC urges transportation technologies, the federal
the U.S. Congress to maintain a funding level government should facilitate the testing and
for the Transportation Alternatives set-aside deployment of demonstration projects
that is equal to, or greater than, the inflation including single, multiple-occupancy and
adjusted levels established under the most transit vehicles in those cities that choose to
recent previous authorization of the accelerate and integrate their adoption, in
Transportation Alternatives Program. These order to increase mobility options while
programs should be protected from recession. simultaneously reducing emissions, crashes
and congestion.
NLC encourages the federal government to
maintain the Transportation Alternatives set- The federal government should facilitate the
aside as a dedicated source of funding for use of uniform technology in the collection of
transportation projects because such projects tolls on roads across jurisdictions and
have strengthened our nation’s multi-modal transportation systems such as vehicle
transportation system and have contributed mounted toll tags or passes and transit
significantly to economic development and stickers or passes.
environmental improvement at the local and
regional level. F. Road Safety
Federal safety programs should provide local
E. Intelligent Transportation Systems governments with increased resources and
NLC supports intelligent transportation tools to address safety issues on all roads to
systems (ITS) technology development and save lives. Greater consideration should be
2021 Transportation and Infrastructure Services
199given to safety in planning, design, and points on roads which are not a part of the
construction. Additional resources need to be designated truck network.
focused at all levels of government on
research, education, and enforcement to 3. Regulation of the Motor Carrier Industry
increase road safety, including work zones. The federal government should encourage
NLC supports the use of incentive grants to increased competition within the trucking
encourage states to adopt more stringent industry and remove barriers to free entry by
impaired driving and seat belt use laws. NLC increasing the flexibility of carriers to set
also supports the use of information rates and establish routes. No federal action
technology in traffic enforcement and should be taken to weaken truck safety
pedestrian and bicycle safety to save lives. requirements in any way. NLC also urges that
federal motor carrier safety requirements be
NLC supports funding to eliminate grade applied uniformly for both domestically
level crossings for high traffic rail lines in registered and foreign-registered vehicles.
urban areas with the addition of underpasses,
overpasses, and pedestrian bridges where the 4. National Commercial Truck Driver
railway bisects cities and towns impeding the Standards
flow of traffic and creating public safety NLC continues to support federal national
issues. uniform standards for the training and
licensing of interstate and intrastate drivers of
G. Motor Carriers commercial motor carriers States should
1. Truck Weight and Size Limits administer those standards.
NLC opposes increases in truck weight limits
unless and until such increases are 5. Enforcement of Motor Carrier Safety
accompanied by simultaneous and sufficient Regulations
increases in the heavy truck-user tax. The federal government should continue
adequate Highway Trust Fund funding for
NLC opposes allowing longer combination the Motor Carrier Safety Assistance Program
trucks (i.e., “triple-trailers” or “truck trains”) (MCSAP). This program provides grants to
both on and off the designated national states for development and implementation
network of truck highways until the impact of of programs (including roadside vehicle
increased truck length and width standards on inspection programs), which enforce federal
highway costs and safety is assessed and and compatible state motor carrier safety
reflected in highway user fees and regulations.
appropriate safety regulations.
The federal and state governments should
2. Truck Routing identify and develop new technologies and
NLC supports federal government study of innovative strategies, which will enhance and
the impact of the designation of routes along improve commercial motor carrier safety,
which longer, wider trucks may travel. This protect the driving public from commercial
study should be used in the development of motor carriers that do not pass safety
any performance standards for such inspections, and promote and enforce much
operations. State and local governments stricter safety standards for commercial
should also retain authority to designate truck motor carriers, such as adequately securing
routes, truck access pickup and delivery truck loads and imposing penalties for
missing treads.
2021 Transportation and Infrastructure Services
2006. Motor Carrier Substance Abuse pedestrian/cycling overpasses and
Assistance Program underpasses.
NLC supports a federal incentive grant
program for states that wish to conduct 5.03 Public Transportation
random roadside inspections for driver
alcohol and drug abuse. A. Support for Public Transportation
Mobility is central to individual prosperity, as
7. Motor Carrier Data Collection well as to commerce and to the growth of
NLC urges the federal government to communities. Public transportation can
develop a centralized system for collecting contribute to the viability of the nation’s
and disseminating information on motor cities by helping to reduce congestion,
carrier drivers and vehicles. The federal protect the environment, stimulate economic
government should: development, and create employment
• Expedite the development of the National opportunities. Transit investment is in the
Driver Register (NDR); national interest of an effective, national
• Ensure that commercial truck driver transportation system, especially where it
records are included in the Register; alleviates congestion and increases economic
• Adequately fund the program; and productivity.
• Assist states with collecting, exchanging,
and maintaining comprehensive truck B. Role of the Private Sector
accident and violation data and truck NLC believes the federal and state
driver and inspection records and history governments should make public-private
of substance abuse. partnerships an option for all communities
for viable, appropriate projects that they
H. Barriers to Connectivity decide will serve their community.
NLC believes that well-connected
communities are better able to serve all of However, federal or state imposed,
their residents and create economic competitive privatization of transit service
opportunity for all parts of the community. In undermines the public-serving nature of
many cities and towns, problematic past transit, and privately provided transit services
placement of federal highways has divided will never serve all transit needs.
communities and created dangerous and
isolating barriers to mobility, especially Decisions about the terms and conditions of
pedestrian and cycling mobility within a private sector participation in transit,
community. These barriers have in many including the decisions to subcontract with
instances created or worsened racial divides, private providers if warranted, should be
food deserts, and access to healthy recreation made at the local level, not the federal or state
or employment opportunities. These level.
problems can be extremely difficult and
costly to remedy. In light of the federal C. Local Control
highway program’s responsibility for NLC believes that local control is paramount
creating these barriers, additional dedicated in transit decisions. NLC encourages the
federal funding should be created to assist federal government to require a public transit
cities and towns in addressing these barriers operator that accepts federal funding to
and reuniting divided communities with cooperate with cities whose residents
contribute to the funding of the operator
2021 Transportation and Infrastructure Services
201concerning the location, operation, and Existing accessible services, where it is
maintenance of transit stops, routes and demonstrated that such services adequately
facilities within those cities. serve the needs of those with mobility
impairments, should constitute local
D. Role of Federal Partnership compliance with federal accessibility
NLC urges a continued federal role in public requirements. Under no circumstances
transportation policy, and strongly opposes should the federal government impose
federal actions which would reduce or additional accessibility requirements
eliminate the federal commitment by turning (beyond the performance requirements) on
back the transit program to states, eliminating existing fixed guideway systems or require
funding eligibility for new fixed rail starts, or existing bus fleets or rail systems to be
phasing out operating assistance. retrofitted with accessibility equipment.
The federal government should facilitate the
use of uniform technology in the collection of G. Procurement Requirements
tolls on roads across jurisdictions and NLC supports federal procurement policies
transportation systems such as vehicle that expedite the production and procurement
mounted toll tags or passes and transit tickets of transit vehicles. Alternative bidding
or passes. procedures which are better suited to present
transit production conditions should be given
E. Labor due consideration. Additionally, NLC
With regard to the Fair Labor Standards Act, supports federal performance and equipment
the federal government should not make standards that replace the present transit
determinations on “traditional and integral” design specifications, and that give
functions of state and local government manufacturers latitude in choosing an
without consulting local governments and appropriate technology to meet a specific
documenting the fiscal impact on state and technical objective.
local governments.
H. Innovative Transportation
F. Accessibility Technologies and Demonstration
Public transportation is an essential public Projects for a Seamless
service that provides mobility for all people, Transportation Network
including the disabled, elderly, and Recognizing the nation’s dependency on a
economically disadvantaged, in all places single type of transportation fuel, which has
and is not simply for those who can afford to serious negative impacts on both the
pay for the service. environment and economy, and the need to
explore other fuel sources and transportation
NLC supports federal performance standards alternatives, NLC endorses the use of
that indicate the level of handicapped- innovative transportation technologies and
accessible service that is to be provided demonstration projects, such as Personal
without specifying the means for achieving Rapid Transit or congestion pricing, that are
the service levels. Decisions regarding the specific to the needs and requirements of
specific nature and level of service for each city to further enhance mass transit and
citizens with special mobility needs should transportation efficiency. These
be made at the local level, based upon locally transportation technologies should
identified needs, goals, and resources. complement and work with existing regional
2021 Transportation and Infrastructure Services
202technologies to create a seamless, national be allowed to compete for discretionary
transportation network. funds.
5.04 Air Transportation NLC supports increased AIP flexibility,
NLC advocates federal policy that provides including extending AIP eligibility to
adequate, predictable, and long-term funding groundside improvement projects. However,
for airport development projects which NLC opposes diversion of AIP funds for
enhance system capacity and ensure aviation federally mandated security projects.
safety.
3. Block Grants to States
However, NLC opposes attempts by the NLC strongly opposes proposals to
federal government to mandate expansion of restructure the airport grant program for
federally aided airport facilities, or to small- and medium-sized airports into a state
otherwise limit the ability of local block grant program. Local governments and
governments to continue to determine the airports sponsors must continue to be directly
scope and type of airport facilities needed, or responsible for airport planning and
the type of airport use restrictions, including development.
airport noise or airport access restrictions,
imposed in their particular location. Local 4. Off-Airport User Fees
airport operators and local governments must NLC opposes federal preemption of a local
have the authority to regulate airport use and government’s ability to charge off-airport
development in order to protect the public user fees.
health and safety of surrounding
communities, to enforce airport uses that are 5. Passenger Facilities Charges
appropriate to the airport’s capacity and to NLC supports local jurisdictions setting
ensure that local transportation, passenger facilities charges (PFCs), which
environmental (including noise control) and give local airport authorities the flexibility to
economic needs are met. address capacity and to implement major
capital equipment upgrades, new
A. Funding technologies, and operational costs. These
1. Airport Trust Fund fees should be raised with inflation in order
The user-generated Airport and Airway Trust to maintain their purchasing power to build
Fund should continue to be used to finance and maintain modern airport facilities.
airport development and improvements.
Funds from aviation user fees and tax receipts B. Small Communities
should be appropriated and should not Insufficient service and unreasonably high
accumulate unspent in the Trust Fund. fares have left some small communities
Aviation users should benefit from the without commercial air transportation
aviation-related taxes they pay. service. To address these problems, NLC
recommends the following policies:
2. Federal Airport Improvement Program
The federal Airport Improvement Program 1. Essential Air Service Programs
(AIP) should continue to be disbursed to air The federal government should maintain
carrier airport sponsors through existing current funding for the Essential Air Service
funding mechanisms. Eligible airports should (EAS) program and NLC urges Congress to
fully fund the EAS program.
2021 Transportation and Infrastructure Services
203To promote competition and ensure efficient E. Aviation Security
use of federal dollars, the U.S. Department of A thorough assessment of the current and
Transportation should hold designated EAS potential threat to the air transportation
air carriers to existing performance industry is required. The Transportation
standards. Security Administration (TSA), the FAA and
other aviation experts, in partnership with
2. Small Community Air Service locally elected officials and law enforcement,
Development Program must work cooperatively and take immediate
Projects funded through this program have action to ensure that the aviation security
the potential to identify a broad variety of system is capable of responding to specified
options to expand and improve service in threat levels. The public interest demands an
small communities. NLC urges continued aviation system capable of deploying a mix
Congressional support of this program. of technology and procedures as a unified
system capable of countering all
C. Airport Noise and Pollution vulnerabilities, while considering effects on
The federal government must intensify its passenger convenience.
efforts to provide prompt relief to residents of
cities located close to airports from NLC strongly urges the federal government
unacceptable levels of aircraft noise and to ensure air travel safety through
aircraft pollution. (See clarifications at implementing the screening of commercial
EENR Section 2.09, Noise Control, and CED cargo on passenger planes, improving
Section 3.06, Land Use) passenger and airport employee screening
procedures, expanding traveler programs,
This should be tied to encouraging changes in and improving terminal safety requirements.
local zoning regulations to restrict noise NLC also encourages Congress, or the U.S.
sensitive property development. Department of Homeland Security through
the regulatory process, to further strengthen
The Federal Aviation Administration should the “known-shipper” program by improving
require adherence to fly-quiet programs, procedures for monitoring and auditing
preferred runway usage, preferred flight “known-shippers” of cargo.
paths, and local curfews as established by
local governments and authorities. To develop an effective aviation security
policy, Congress must clearly define
NLC encourages the appropriation of funds responsibilities within the structure of the
to cities and towns that adjoin an airport but federal transportation program. The TSA,
do not operate the facility for compatible land FAA, state and local governments, and the
use and noise mitigation planning purposes. U.S. Department of Transportation must
develop a coordinated plan to determine the
D. Federal Role in Air Traffic Control level of authority each agency and
The federal government should provide government entity controls in any situation.
funding for and ensure all airports are
participants in a national air navigation Since aviation security is a matter of national
system which provides for safe aircraft defense, any funds necessary to assure
operation such as the conversion of radar- security must come from defense funding,
based guidance systems to GPS. not from additional fees levied on passengers.
2021 Transportation and Infrastructure Services
204Shippers could be subject to additional fees investment in both passenger and freight rail
for cargo screening. NLC opposes continued mobility.
diversion of AIP and PFC funds for aviation
security measures. The federal government 3. Rail Safety
must reimburse local governments for the NLC urges the federal government to
expenses incurred from the mandated local promote safe and efficient passenger and
law enforcement presence at airports. freight rail transportation and to seek creative
Congress should also reimburse costs to solutions.
airports accrued from compliance with
mandated security upgrades, including 4. Ensure Adjustments Do Not Jeopardize
installation and deployment of Explosive Passenger Services
Detection Systems. NLC urges Congress and the Federal
Railroad Administration (FRA) to ensure that
F. Unmanned Aircraft Systems the expectation set in the Rail Passengers
Congress and the Federal Aviation Service Act of 1970 (RPSA) for reasonable
Administration must not preempt the cooperation between intercity passenger rail
authority of local governments to create and providers and railroad companies is upheld.
enforce regulations with regard to the use of Adjustments to existing passenger rail
Unmanned Aircraft Systems as it relates to providers and rail service should not be
land use, zoning, privacy, trespass, noise, and subjected to unreasonable compensation
law enforcement operations. demands or unjustifiable access delays. The
FRA should utilize its authority to achieve
The Federal Aviation Administration should the intent of the law.
establish a transit zone for privately owned
and commercially operated Unmanned Federal and state governments should require
Aviation Systems that is sufficiently high operator funded local rail safety programs to
enough above ground level that it prevents reduce safety hazards at railroad crossings
disturbances to landowners while also through rail relocation, sealed quiet zones,
protecting navigable airspace. grade separation, or by other means. To
increase traffic safety at crossings, stricter
5.05 Rail penalties for rail crossing violations should
be imposed.
A. Rail Principles
1. Local Role in the Nation’s Rail Planning NLC supports the continued implementation
Program of rail safety systems, such as positive train
The federal government should require states control (PTC) systems, to ensure safety on
to involve local governments as stakeholders passenger rail lines to limit injuries and
in state rail planning efforts required under derailments.
federal law to ensure that local needs and
objectives are satisfied. 5. Operations and Maintenance
Continued maintenance is the individual
2. Financing responsibility of the rail owner. NLC urges
NLC supports investment in the nation’s rail the federal government to readdress rail track
infrastructure and encourages the federal standards for dual freight and intercity
government to enact policies and programs passenger rail uses through appropriate rail
that would expand public and private improvements.
2021 Transportation and Infrastructure Services
205NLC further urges the federal government to NLC recommends the following:
redefine the responsibility for funding 1. Amtrak’s Self Sufficiency Requirement
mechanisms to maintain tracks that carry NLC urges repeal of Amtrak’s statutory self-
both freight and intercity passenger rail sufficiency requirement since no known
traffic. passenger rail system operates without
government subsidies.
6. Environmental Impacts
Federal law regulating railroad activity 2. Development of and Access to a High-
should not preempt local, state, or federal Speed Rail Network
environmental review and requirements for NLC supports the investment in high-speed
permitting and mitigation of railroad rail development as an important part of our
activities. The environmental impacts of national transportation network. Networks
railway activities and facilities, including should be developed only after detailed
pollution, poor air quality, land use, analysis of their operational and financial
vibration, light pollution, and noise, should feasibility and with local consent. NLC urges
not be exempt from local environmental, Congress to support creation of new high-
public health, safety, or welfare-based speed rail.
regulations.
3. Funding Options for Amtrak and
Railroads should be subject to light pollution Passenger Rail Operators
and noise constraints. Rail yard lighting NLC supports the development of a long-
standards and types need to be established term funding mechanism for infrastructure
that minimize lighting impact on neighboring acquisitions, improvements, and rights-of-
communities. There is a need for uniformity way and operating costs. In addition to
among the different federal agencies in their appropriations, options include:
policies governing acceptable noise levels. • Increasing the federal funding sources
(See also EENR Section 2.08, Railroad Noise specifically for passenger and commuter
Policies) rail;
• Directing the diesel fuel tax currently
B. Passenger and Commuter Rail levied for rail operations and deposited
NLC urges Congress and the Administration into the general fund be moved into a
to develop a long-range vision and fund for newly created Trust Fund for rail
passenger rail in the United States. This improvements;
vision must be in cooperation with state and • Allowing state, regional, and local
local transportation officials, citizen groups, government entities the option to spend a
and other stakeholders. National passenger portion of their federal transportation
rail plans should include acquiring and allocation on intercity rail; and
improving rail lines that would otherwise be • Allowing federal and state governments
abandoned. NLC urges the Administration to to issue tax-exempt or tax-credit bonds
prioritize the safety review and approval of for financing rail improvements.
the use of information technology and
crashworthy vehicles, such as passenger rail C. Freight Railroads
cars on low speed urban dual use passenger 1. Freight Rail Service
and freight lines. Congress and the public and private sectors
must cooperate to ensure and provide for the
efficient movement of freight, especially
2021 Transportation and Infrastructure Services
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